A woman has moved the Madras High Court seeking a directive to doctors of a government hospital to pay Rs 10 lakh compensation for alleged medical negligence since she conceived despite undergoing a tubectomy surgery.


 

Justice R Mahadevan, before whom the petition came up August 31, issued notice returnable by two weeks to the Resident Medical Officer of Kanyakumari Government Medical College Hospital in Nagercoil, the Health Secretary, Director of Medical Education, Deputy Director, Medical Rural Development, Kanyakumari.

The petitioner submitted taht after she delivered her second girl child on April 5, 2014, she underwent tubectomy at the Kanyakumari Government Medical College Hospital and was issued a sterlisation certificate. The Tahsildar concerned also issued a certificate for getting benefits under the Girl Child Welfare Scheme, whose benefits can be obtained only at the time the two girls get married. On April 5, 2017, she went to the hospital for a check up as she had been having a thyroid problem and had been regularly taking treatment there.

The medical officer examined her and told her that she was pregnant and that the tubectomy had been a failure. Since she wanted to know about her health condition, she took an ultrasound scan at a private clinic, which confirmed her pregnancy. She gave representation to authorities concerned, seeking Rs 10 lakh compensation, following which the RMO asked her to appear in person for enquiry. Though she did so on August 30 2017, the official did not pass any order or recommended her case to the government to grant compensation, the woman said

On September 29, 2017, she delivered the third child, also a girl, in a private hospital. She submitted that the government benefits already provided to her two girl children would be lost as the scheme does not entitle one to get the incentives in case of women having three girl children. Stating that hers was an admitted case of the family planning operation being a failure and that its consequence was mental agony and had put her in a financial crisis, she moved the High Court for the compensation.